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CPS 82, Fall 2011 5.1
Open Source, Copyright, Copyleft
CPS 82, Fall 2011 5.2
Toward Open Source
http://tinyurl.com/yqfcq (Groklaw)
Copyright law, guarantees protections Exclusive right to copy Exclusive right to create derivative works Exclusive right to distribute work Exclusive right to perform/display work
Fair use exceptions, First Amendment tension, facts and ideas vs their expression
CPS 82, Fall 2011 5.3
FOSS: Free and Open Source Software
What does free mean? Speech and beer Grounded in ethics, social responsibility
Open Source Development method Appeals to “Fortune 500” more than free
About reliability, performance, security, …
CPS 82, Fall 2011 5.4
FOSS: Personalities
Richard Stallman rms' web page
Accomplishments GNU (gnu's not Unix) Lots of tools: gcc and
more Copyleft GPL: 1989 MacArthur (1990) Grace Hopper award National Academy of
Engineering Free as in speech
CPS 82, Fall 2011 5.5
FOSS: Personalities (continued)
Accomplishments Cathedral and Bazaar
• Open Source->Business
"Given enough eyeballs, all bugs are shallow"• Attributed to Torvalds
Halloween documents
Open Source and OSI
Eric Raymond esr's web page
CPS 82, Fall 2011 5.6
FOSS: Personalities (continued)
Linus Torvalds Linus' Blog
Accomplishments Linux, early '90s
• Unix, Minix, Linux
Open Source advocat
Still "oversees" Linux development
9/2010, US Citizen
CPS 82, Fall 2011 5.7
fsf.org: Four Essential Freedoms
The freedom to run the program, for any purpose (freedom 0).
The freedom to study how the program works, and change it to make it do what you wish (freedom 1).
The freedom to redistribute copies so you can help your neighbor (freedom 2).
The freedom to improve the program, and release your improvements to the public, so the whole community benefits (freedom 3).
CPS 82, Fall 2011 5.8
http://www.gnu.org/copyleft/
To copyleft a program, we first state that it is copyrighted; then we add distribution terms, which are a legal instrument that gives everyone the rights to use, modify, and redistribute the program's code or any program derived from it but only if the distribution
terms are unchanged. Thus, the code and the freedoms become legally inseparable. Proprietary software developers use copyright to take away the users' freedom; we use copyright to guarantee their freedom. That's why we reverse the name, changing “copyright” into “copyleft.”
CPS 82, Fall 2011 5.9
Open Source, www.opensource.org
1. Free Redistribution: can’t force, can’t prevent sale
2. Source code: must be available, cheap or free
3. License to modify, redistribution with same terms
4. Integrity of author’s source (patchable, versioning)
5. No discrimination against persons or groups
CPS 82, Fall 2011 5.10
Open Source, www.opensource.org
6. No discrimination against fields of endeavor
7. Distribution “no strings”, no further licensing
8. License not bound to whole, part redistribution ok
9. No further restrictions, e.g., cannot require open
10.Technology neutral
CPS 82, Fall 2011 5.11
Open Source licenses
Copyleft licenses compared to free licenses Copyleft is “viral”, requires redistribution
to be the same or similar Free licenses have no downstream
restrictions GPL is the Gnu Public License
Currently v3, complex, legal license X11 or BSD or Apache
All are free/open, but not viral, e.g., permit commercial, proprietary products
CPS 82, Fall 2011 5.12
Viral License
Connotations of “viral” Is viral marketing ok? Wikipedia neutrality dispute
GPL is viral Threat to intellectual property
GPL is not viral It’s not even infectious, you have a
choice
CPS 82, Fall 2011 5.13
Freedom, Ethics, Law
What does Stallman want? Freedom B1 Freedom B2 alternative Link Alive on 9/19
/2011
Freedom RMS
Firefox, YouTube, Video, Ethics What is H.264? What is HTML5? Theora? Pragmatics v principles in Ogg [Vorbis|
Theora]
CPS 82, Fall 2011 5.14
Copyrights and Licensing
Most software is licensed rather than sold Why isn’t it sold? First-sale doctrine Are EULAs valid? According to whom? Can I back up my software? DVD/CD?
Tale of three logos Linux Windows SQlite
CPS 82, Fall 2011 5.15
License and Royalty http://www.inventionstatistics.com/
Licensing_Royalty_Rates.html
Who gets the best royalty rates? mp3: 100 Million euros in 2005 (Wikipedia) Patent grants license Why do companies cross-license on
patents?
Why isn’t this a copyright issue? What is copyrightable? What is patentable?
CPS 82, Fall 2011 5.16
EULA for software
First sale doctrine applies to atoms (books) What about bits? Office, Lion,… Get Office from OIT, sell it? Old version?
EULAs and Terms of Service When do you agree to terms of service? Lori Drew, cyberbullying, TOS?
Do EULAs stand up in court? http://bit.ly/9aOLnB http://bit.ly/dptxrq